Opinion
No. 18-35913
09-25-2019
ROBERT HILL, Plaintiff-Appellant, v. SCORE JAIL, a Municipal Corporation; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:17-cv-01804-RSM MEMORANDUM Appeal from the United States District Court for the Western District of Washington
Ricardo S. Martinez, District Judge, Presiding Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Robert Hill, a Washington state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to comply with a court order. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.
The district court did not abuse its discretion by dismissing Hill's action after granting Hill three extensions of time to respond to the court's order to show cause and warning him that failure to respond would result in dismissal. See id. at 642 (setting forth factors for determining whether an action should be dismissed for failure to comply with a court order); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (trial court's dismissal will be disturbed only if there is "a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors" (citation and internal quotation marks omitted)).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Hill's request for judicial notice (Docket Entry No. 10) is granted.
AFFIRMED.